County court handles theft, burglary

Published 12:00 am Sunday, April 4, 2010

Theft, burglary and probation violation were among the matters discussed Wednesday in Lawrence County Common Pleas Court.

Joshua D. McKenzie, 25, of Oak Hill, pleaded guilty to one count of theft.

Judge D. Scott Bowling sentenced him to four years community control sanctions under intensive supervised probation (CCS/ISP) and ordered him to pay $674 restitution. McKenzie must also perform 250 hours of community service.

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Assistant Lawrence County Prosecutor Jeff Smith had asked Bowling to send McKenzie to prison for 11 months with the possibility of judicial release after four months. But McKenzie’s attorney, Derick Fisher, argued against prison and in favor of probation.

“He is a first-time offender and a relatively young man,” Fisher said. “What he has done is wrong. He asks for the opportunity for ISP (intensive supervised probation). He asks for an opportunity to give back to his community. I don’t believe a case like this warrants a prison sentence. I think he has his future ahead of him and could thrive in the community.”

McKenzie told Bowling, “I’m sorry this ever happened, very sorry.”

Andrew Bare 20, Raceland, Ky., pleaded guilty to charges of theft of a motor vehicle, complicity to aggravated burglary and complicity to aggravated robbery. Judge Charles Cooper sentenced him to a total of five years in prison.

Breanna Boggess, 21, of Ashland, Ky., pleaded guilty to two counts of complicity to aggravated robbery.

Bowling sentenced her to a total of five years in prison and ordered her to pay $2,500 in restitution to her two victims.

Her alleged accomplice, Johnny L. Miller, 27, of 6 Private Drive 423, Pedro, was arraigned on two counts of burglary shortly after Boggess’ court appearance. He pleaded not guilty through his attorney, Derick Fisher.

Amy L. Busick, 22, of 52 Township Road 1202, Chesapeake, pleaded guilty to one count of theft.

Bowling sentenced him to four years CCS/ISP and ordered him to pay $85 restitution to two victims. She must also complete a substance abuse treatment program at the Linda Center. She also indicated she may be interested in the Reformer’s Unanimous program.

“My client is a young lady who made a series of wrong choices,” her attorney, Mike Gleichauf said. “She has a substance abuse problem. She would like to apologize to the victims. She just got with the wrong people.”

Michael A. Pennington, of 10908 County Road 4, Waterloo, admitted he violated his probation by testing positive for drug use. Bowling sentenced him to nine months in prison. Pennington was on probation for an earlier drug conviction.